James Lockhart To Joseph Grimes Deed 5 October 1785
(Transcribed by Joan S Dunn)
Deed Book 1 A Page 345, 346, & 347
James Lockhart To Joseph Grimes
Article etc.
This indenture made this fifty day of October in the ninth year of American
Independence & in the year of our Lord 1785. Between James Lockhart in behalf or his
sons Lillington & James Lockhart minors of the State of No. Carolina & County of Duplin
Gent. of the one part & Joseph Grimes Carpenter & millright of the other part.
Witnesseth that he the said James Lockhart for and in consideration of the reservations
& covenants herein after expressed to be ovserve & kept by the siad Joseph Grimes his
heirs or hath let & to farm let unto the said Joseph Grimes his heirs & assigns for &
during the term of seven years to commence from the day of finishing and setting to work
a certain saw mill now intended to be built by him the said James Lockhart & Joseph Grimes
at a place known by the name of Muddy Creek in the said County of Duplin full previledge
of building & finishing a saw mill to work with two saws, as also to find a sufficent
quanity of tumber for the use of the mill to saw or to erect any necessary building for
the purpose of carrying on the said business of sawing for & during the said term & keeping
& repairing the same, he the said Joseph Grimes paying one half of the expenses of building
& keeping in good repair the said mill & her appendages for the time aforesaid for which the
said Joseph Grimes shall be entitled to receive one half of the neat profits that shall
arise from said Mill, the expense of attending the same to be equally divided between the
said parties, & if it shall be concieved that it be most profitable or any difference shall
arise between the said parties & they separate their hands that attends the said mill each
shall take a separate loss & cast lots for preference if any is concieved & in case either
of the said parties shall be in arrear to the other when the said mill is finished it shall
be paid out of the first neat profit that arises from the said mill, & in case of disputes
about the expence of building or repairing the said mill, it shall be adjusted by arbutration
in differently chsen by the said parties, and the said James Lockhart doth farther agree that
the said Joseph Grimes shall have full liberty of pasturage for oxen or other team necessary
for carrying on the said business, he the said Joseph Grimes paying his proportion of the
expence of fencing or otherwise enclosing the said pasture and it is farther agreed between
the said parties that the saws and irons shall be vallued at the end of the said term, one
half of which shall be paid to the said Joseph Grimes or his assigns, & the said Joseph
Grimes doth farther engage to set a grist mill to woork as soon as may be the said James
Lockhart finding the stones & irons for which he shall be intitled to receive out of the
tole that may be obtained from said mill a suficient quantity of corn to bread the hands
that he shall employ in attending the said saw mill, any other expence attending the said
grist mill to be regulated in the same manner as is mentioned for the saw mill & the said
James Lockhart doth for himself his heirs & assigns further promise & engage to keep the
said Joseph Grimes his heirs & asigns in the quiet possession of the aforesaid premises &
every part thereof free from the least let molestation or interuption of him the said James
Lockhart his heirs or assigns or any other person or persons whatsoever & for the true
performance of all & singular the aforesaid covenants & agreements, the parties bind
themselves to each other in the sum of one thousand pounds specie to be paid by the party
failing, to the part observant. In testimony whereof the said parties have hereunto set
their hands & seals the day & year first written.
James Lockhart for Lillington & James Lockhart junr.
Joseph Grimes
Signed sealed & delivered in the presence of us
James Gillespie
William McCanne
State of No. Carolina Duplin County Jany. Term 1787.
Then was the within deed proved in open Court by the oath of James Gillespie & ordered
to be registered.
Test W. Dickson, C. C.
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